HomeMy WebLinkAboutCT 97-20; Cristalla; Tentative Map (CT) (3)Hofman Planning
Associates
Planning Project Management Fiscal Analysis
June 27, 2002
RECEIVED
Mike Grim ,.,,,
City of Carlsbad ^"' 2? 2002
1635 Faraday Avenue CITY OF CARLSRAn
Carlsbad, CA 92008 PLANNING DEPT
Subject: Cristalla (CT 97-20) - Uses Allowed in 30' Setback from SDG&E Easement
Dear Mike:
The purpose of this letter is to document our conversation on June 24, 2002 regarding uses
allowed in the Cristalla (CT 97-20) 30' setback from the SDG&E easement along the northern
project boundary.
During our conversation you stated that an open lattice patio or trellis cover would be allowed in
the 30' setback from the SDG&E easement (but that any restrictions for fire suppression zones
must be properly addressed). I asked if structures such as built-in barbeques or typical rear yard
landscaping (accounting for any fire suppression zone restrictions) would also be allowed in the
30' setback from the SDG&E easement and you indicated that they would as long as the
requirements of the fire suppression zones were met.
You mentioned that you had discussed this matter with Chris DeCerbo and that you would place
the same restrictions on the 30' setback from the SDG&E easement as you did for the 50' setback
from Aviara Parkway for this project. Taken from correspondence to you from Mike Howes
(dated August 10), following are items restricting trellis covers along Aviara Parkway that we
believe would apply to the 30' setback from the SDG&E easement:
> A 5-foot setback must be maintained between zero lot line building walls and any
structure, and a 10-foot building separation must be maintained. Freestanding trellis
covers will not be allowed within these setback areas.
> Second story balconies must maintain a 50-foot setback from Aviara Parkway; patio
and trellis covers are not affected by this setback requirement.
»• Each lot is limited to 300 square feet of open lattice patio or trellis cover before a
building permit is required for the patio or trellis cover.
5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 • Fax: (760)438-2443
For your reference, I have attached a copy of the abovementioned letter and the exhibit that
accompanied it. Please confirm that the above information is correct or let me know if I have
misunderstood anything or missed anything that you believe should be addressed in this letter.
Thanks for your help with this matter.
Sincerely,
Stuart Fisk
attachment
cc. Phil Conard
/'- fe
/'
October 13, 2000
Mike Grim, Planning Department
City of Carlsbad xv r, ...
1635 Faraday Avenue ^-^ '-—^-^
Carlsbad, CA 92008
Subject: Cristalla (PA 23) -. Grading Permit Extension
Dear Mike,
The grading for the Cristalla project is approximately 80% completed. Because the rainy
season begins on October 15, 1 am requesting a 30-day extension to the grading permit
for this project in order for the grading to be completed. We expect to have all grading
completed within 30-days unless unforeseen weather conditions delay the process. In
that event, we would notify you immediately if we thought there could be further delay.
It is extremely important for the grading of this project to be completed for the following
reasons:
1 . Completion of Grading so that the permanent erosion control can be installed in the
form of storm drains, streets, sidewalks, and landscaping.
2. Provision of continuous paved access for the residents to the Recreational Vehicle
Storage Lot and to San Diego Gas & Electric for access to their facilities.
It is my understanding that Hofman Planning Associates has contacted you and the
Engineering Department regarding this extension request. HPA has informed me that in
their discussions with the City, neither the Planning nor Engineering Departments have
any concerns with an extension. In fact, Skip Hammond told Elysian Mah of HPA that
engineering would have no problem signing off on a grading permit extension as long as
Planning agreed to it. Since both Clyde Wickham and you are off work today, we are
unable to obtain written approval of this grading extension before the end of the grading
season. We will therefore pursue a grading extension on Monday, October 16.
Meanwhile, we are assuming the grading extension will be granted on Monday and
grading will continue on site. Thank you for your consideration in this matter.
Sincerely,
Bill Kennedy
CC: Gary Wayne
Clyde Wickham
Skip Hammond
5770 OBERLIN DRIVE 858 453-3040
SAN DIEGO, CA 92121-1723 (Fax) 858453-3056
02/01/2000 10:04 7604382443 HOFMAN PLANNING PAGE 01
Hofman Planning
Associates
Planning Project Management Fiscal Analysis
Post-It* Fax Note 7671
ir-ii
Phone *""^-T
00 ml.H
Phone #
February 1,2000
Mike Grim
City of Carlsbad (Planning Department)
1635 Faraday Avenue
Carlsbad, CA 92008
SUBJECT:
Mike,
PHONE CONVERSATION REGARDING RESTRICTIONS ON REAR YARD
TRELLIS/PATIO COVERS FOR CRISTALLA - PLANNING AREA 23
Per our phone conversation on Tuesday, January 25,2000 regarding rear yard restrictions on
trellises and patio covers for the Cristalla project in Planning Area 23 of the Aviara Master Plan,
our understanding is that the restrictions were limited to the following;
• A ten (10) ft. building separation between building structures
A fifty (50) ft. setback from Aviara Parkway (You have agreed verbally that we
will be allowed to have the trellises and patio covers in lots 6, 7 and 8 spill into the
50 ft setback because it was so tight)
Compliance to the Hillside Development Ordinance which states that for buildings
greater than 15 ft. in height shall be set back so as not to intrude into a 0.07 ft
horizontal distance to one ventricle ft. imaginary diagonal plane that is measured
from the edge of slope to the building
If there was a misunderstanding or if there is anything you feel needs to be added to the
information provided to you above, please revise the information with your comments and fax this
letter back to me. Otherwise we will go forward with the assumption that the information
provided in this letter is correct and revise our exhibits accordingly. Please call me at (760) 438-
1465 if you have any questions.
Sincerely,
<^>^^^Marcy Aaflora
5900 Pasteur Court • Suits 150 • CcHsbad • CA 92008 • (760)438-1465 • Fax: (760)438-244,?
City of Carlsbad
Planning Department
July 27, 1999
Paul Klukas
Director of Planning
Planning Systems
1530 Faraday Avenue, Suite 100
Carlsbad CA 92008
SUBJECT: COASTAL COMMISSION DEED RESTRICTION TRADE-OFF -
CRISTALLA - CT 97-20
Dear Paul:
The Planning Department has received and reviewed your request for a trade-off
of Coastal Commission deed restricted open space areas within the Cristalla
development (CT 97-20). The deed restricted areas proposed for revision were
established through Coastal Development Permit No. 6-87-680, originally
approved by the Coastal Commission on April 14, 1988.
After discussions with the Coastal Commission staff, the Planning Department
has determined that, since the permit covering the deed-restricted areas was
issued by the Coastal Commission, we do not have authority to amend said
permit. The deed restricted open space areas established through CDP 6-87-
680 may only be adjusted through Coastal Commission action.
Thank you for your inquiry as to the procedure for deed restriction open space
trade-offs. Please feel free to contact me at (760) 438-1161, extension 4499, if
you have any questions.
Sincerely,
MICHAEL GF
Senior Planner
Gary Wayne
Chris DeCerbo
File Copy
Bill Ponder, California Coastal Commission
2075 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (76O) 438-O894
PLANNING
SYSTEMS
LAND USE / COASTAL PLANNING
LANDSCAPE ARCHITECTURE • LA3900
POLICY. AND PROCESSING
ENVIRONMENTAL MITIGATION
July 9,1999
Mike Grim
Senior Planner
CITY OF CARLSBAD
2075 Las Palmas Dr. > .
Carlsbad, CA 92009
RE: AVIARA PLANNING AREA 23
CRISTALLA AT AVIARA .
DEED RESTRICTION TRADE-OFF
Dear Mike:
Enclosed please find documentation necessary to effectuate a small deed
restriction trade-off for property on both sides of the Aviara Planning Area 23
(Cristalla) development pad. Since this property is now under City of
Carlsbad coastal permit authority, I presume that the City will review and
approve (hopefully administratively) the trade-off, which we can follow up
with the actual recording of deed restriction trade-off documents. My client is
the Brehm Companies, which own both the "take" and "give-back" of the
trade-off property.
I have included the existing recorded deed restriction document for the
affected property. You will note that page 2 of this document recites the deed
restriction condition of the original coastal permit, which states that
restriction is in effect unless "written approval of the California Coastal
Commission or its successor in interest..." (underline added). The City of
Carlsbad is this successor in interest. You are aware that the Coastal
Commission routinely approved these trade-offs, subject to vegetation
analysis and net upgrade in quality of preserve.
I have also enclosed a Vegetation Classification and Evaluation for the subject
trade-off for your review.
1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • planningsystems@nctimes.net
Mike Grim
July 9,1999
Page 2
As you know, these trade-offs do not actually create additional habitat, they
are only a trade of protection levels. Coastal Commission Staff have typically
encouraged deed restriction protection over habitat preserve areas. Aviara
still has some areas which do not have this deed restriction protection. This
is an opportunity to increase deed restricted land adjacent to a preserve
corridor. ~
Please consider this information, and proceed with a deed restriction trade-off
review and approval at your earliest convenience. Please call me with any
questions or comments.
Sincerely,
Paul J. Klukas
Director of Planning
cc: Klaus Mendenhall
Enclosures
RECORDING REQUESTED BY AND RETURN TO:
STATE OF CALIFORNIA
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA OFFICE
1333 CAMINO DEL RIO SOUTH, SUITE 125
SAN DIEGO, CALIFORNIA 92108-3520
OF THIS ^ V;..-.W*T WAS
;>A^ no.£?..:../..E .C /. 7
COUNTY
.. 5-7
DEED RESTRICTION [OPEN SPACE]
I. WHEREAS, Aviara Land Associates Limited
Partnership, a Delaware limited partnership (hereinafter referred
to as "Owner"), is the record owner of the property described in
Exhibit "A" attached hereto and herein incorporated by reference
(hereinafter referred to as the "Property") ; and
II. WHEREAS, the California Coastal Commission (the
"Commission") is acting on behalf of the People of the State of
California; and
III. WHEREAS, the Property is located within the
coastal zone as defined in Section 30103 of the California Public
Resources Code (Section 30000 et seq. of the California Public
Resources Code is hereinafter referred to as the "California
Coastal Act") ; and
IV. WHEREAS, pursuant to the California Coastal Act,
the predecessor in interest of the Property to Owner applied to
the Commission for a Coastal Development Permit for its proposed
development on the Property; and
V. WHEREAS, Coastal Development Permit No. 6-87-680
was granted on April 14, 1988 and amended on August 24, 1988 as
Coastal Development Permit No. 6-87-680 (A) (the "Permit") by the
Commission in accordance with the provisions of the Staff
Recommendation and Findings and the Amendment to Permit, which
are attached hereto as Exhibit "D" and Exhibit "E," respectively,
and are incorporated herein by this reference.
VI. WHEREAS, the Permit was subject to certain terms
and conditions, including but not limited to the following
condition:
" 4 . Open Space Deed Restriction/Steep Slopes .
Prior to the issuance of the coastal development
permit, the applicant shall record a restriction
against the subject property, free of all prior
liens and encumbrances, except for tax liens, and
binding on the permittee's successors in interest
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-1-
and any subsequent purchasers of any portion of
the real property. The restriction shall prohibit
any alteration of landforms, removal of vegetation
or the erection of structures of any type without
the written approval of the California Coastal
Commission or its successor in interest in the
sensitive steep slope areas throughout the
entirety of the Master Plan and that portion of
the adjacent natural open space areas of Phase I
of the project, at a minimum, as shown on
submitted deed restriction Development Plan
overlays submitted to the Commission's San Diego
area office on August 1, 1988.
The recording document shall include legal descriptions
of both the applicant's entire parcel (s) and the
restricted area, and shall be in a form and content
acceptable to the Executive Director. Evidence of
recordation of such restriction shall be subject to the
review and written approval of the Executive Director."
VII. WHEREAS, the Commission found that but for the
imposition of the above condition the proposed development could
not be found consistent with the provisions of the California
Coastal Act and that a permit could otherwise not have been
granted ; and
VIII. WHEREAS, it is intended that this Deed
Restriction is irrevocable and shall constitute enforceable
restrictions ; and
IX. WHEREAS, Owner has elected to comply with the
conditions imposed by the Permit so as to enable Owner to
undertake the development authorized by the Permit.
NOW, THEREFORE, in consideration of the granting of the
Permit to Owner by the Commission, the Owner hereby irrevocably
covenants with the Commission that there be and hereby are
created the following restrictions on the use and enjoyment of
the Property, to be attached to and become a part of the deed to
the Property. The undersigned Owner, for itself and for its
heirs, assigns, and successors in interest, covenants and agrees
that:
1. Compliance With Permit Condition No. 4. In
satisfaction of the condition No. 4 identified in Recital VI
above, and except as otherwise provided in Paragraph 2 below,
Owner shall not alter the landforms nor remove vegetation nor
erect structures of any type without the written approval of the
Commission or its successor in interest in the area specifically
identified as "Restricted Areas" in the attached Exhibit "B."
Z098301A.DW8 -2-
3/6/89
2. Reservation of Rights by Owner.
(a) Notwithstanding the restriction of
paragraph 1, Owner hereby reserves the following rights unto
itself, its successors, assigns, agents and representatives,
with the exception of the following subject to applicable
governmental regulatory requirements:
(i) to construct, install, maintain and
repair in the Restricted Areas those certain Community
Trails as described on the Master Plan approved in the
Permit; and
(ii) to enter upon the Restricted Areas
to perform tree trimming; and
(iii) to enter upon the Restricted Areas
to thin vegetation and underbrush when approved,
ordered or directed by any governmental authority
having jurisdiction over the Property, including but
not limited to the City of Carlsbad; and
(iv) to dedicate easements over those
certain portions of the Restricted Areas identified in
Exhibit "C" for purposes of installation, operation,
maintenance, and repair of public utilities; and
(v) to enter upon those certain portions of
the Restricted Areas identified in Exhibit "CM for purposes
of installation, operation, maintenance and repair of public
utilities.
(b) In consideration of this Deed Restriction,
the State acknowledges that this Deed Restriction is and shall
remain subordinate to the interests of any and all grantees
receiving easements pursuant to the foregoing subparagraph
2(a)(iv), recognizing that such grantees shall continue to be
subject to the provisions of the California Coastal Act. The
State agrees to execute and deliver to Owner, at Owner's request,
any instrument or document reasonably requested by Owner
reflecting such subordination.
3. Severabilitv. If any provision of this Deed
Restriction is held to be invalid or for any reason becomes
unenforceable, no other provision shall be thereby affected or
impaired.
4. Binding Effect. This Deed Restriction shall
remain in full force and effect during the period that the
Permit, or any modification or amendment thereof, remains
effective, and during the period that the development authorized
by the Permit, or any modification of said development, remains
in existence in or upon any part of, and thereby confers benefit
upon, the Property, and to that extent the Deed Restriction is
Z098301A.DW8 -3-
3/6/89
hereby deemed and agreed by Owner to be a covenant running with
the land, and shall bind Owner and all of its assigns or
successors in interest.
5. Recordation. Owner agrees to record this1 Deed
Restriction in the Office of the County Recorder of San Diego
County as soon as possible after the execution hereof.
DATED:1"L 1989
OWNER:AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, a Delaware limited
partnership
By:Aviara Land Company, a
Delaware corporation, general
partner
By:
By:Republic Development Company,
a California corporation,
general partner
By:
By:
Z098301A.DW8
3/6/89
-4-
STATE OF CALIFORNIA )
COUNTY OF Orarg,) SS.
On March 22,1483 before me, the
undersigned, a Notary Public in and for said State, personally
appeared T&j L. i-lOPl/lf personally
known to me or proved to me on the basis of satisfactory evidence
to be the person who executed the within instrument as thePresident-finance and
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as the !/)££ Pf^/6|^y>f' / of Aviara
Land Company, a Delaware corporation,the corporation that
executed the within instrument on behalf of Aviara Land
Associates Limited Partnership, a Delaware limited partnership,
the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
OFFICIAL SEAL
USA Ki WATTSMoOry PuWto-CUtomta
ORANGE COUNTY
My Comm. &p. Jkn. 31,1992
COUNTY OF
) SS
On 72,before me, the
undersigned, a Notary Public in and for said State, personally
appeared _ l£C/ L. HOPOer _ personally
known to me or proved to me on the basis of satisfactory evidence
to be the person who executed the within instrument as theI/ice Vrt6&r\\- 6 nance and John 1C._
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as the _ ViCC Pp£6'd£fl|- _ , of Republic
Development Company, a California corporation, the corporation
that executed the within instrument on behalf of Aviara Land
Associates Limited Partnership, a Delaware limited partnership,
the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
WITNESS my hand and official seal.
Signature OFFICIAL SEALUSA M. WATTS
Notary Putmo-CtftomM
ORANGE COUNTY
Uy Comm. E*>. Jwt 31.1992
Z098301A.DW8
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-5-
COASTAL COMMISSION ACKNOWLEDGEMENT
This is to certify that the Deed Restriction set forth
above is hereby acknowledged by the undersigned officer on behalf
of the California Coastal Commission pursuant to authority
conferred by the California Coastal Commission when it granted
Coastal Development Permit No. 6-87-680 on April 14, 1988, as
amended on August 24, 1988, and the California Coastal Commission
consents to recordation thereby by its duly Authorized officer.
DATED:
CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA )
COUNTY OF
) SS
, before me,^ the undersigned Notary
Public, personally appeared D^jCyr^A AJ< X^«g_ personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed this instrument as the
fa^h As*/. A/ggTzy and authorized representative of the California
Coastal Commission and acknowledged to^ me that the. California
Coastal Commission executed it.
OFFICIAL SEAL
MILTON PHEGLEY
NOTARY PUSUC • CALIFORNIA
SAN DIEGO COUNTY
My Comm. Expires Sept. 5, 1989 \
NOTARY PUBLIC
SAID COUNTY AND STATE
Z098301A.DW8
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EXHIBIT
LEGAL DESCRIPTION - PACIFIC RIM UPLANDS
THOSE PORTIONS OF SECTIONS 22, 26, 27, 23, 33, AND 34 ALL IN
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34 AS SHOWN ON
RECORD OF SURVEY MAP NO. 10774 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY OCTOBER 30, 1986 AS FILE NO. 86-
494180; THENCE ALONG THE EASTERLY LINE OF SAID SECTION, SOUTH
00° 32 'OP WEST 426.75 FEET; THENCE LEAVING SAID EASTERLY LINE,
THE FOLLOWING COURSES:
NORTH 83*55'00" WEST 164.81 FEET;
SOUTH 5i'22'00" WEST 518.00 FEET;
SOUTH 6 7* 22 "00" WEST 140.00 FEET;
SOUTH 6C-44'QO" WEST 295.00 FEET;
SOUTH 39a25'00" EAST 163.00 FEET;
SOUTH 21* 11 '00" WEST 214.00 FEET;
SOUTH 49"15'00" WEST 119.00 FEET;
NORTH 89* 45 '00" WEST 186.00 FEET;
NORTH 5oa00'00" WEST 132.00 FEET;
NORTH 72* 30 '00" WEST 187.00 FEET;
NORTH 05" 14'00" EAST 201.00 FEET;
NORTH 51* 53 '00" WEST 63.00 FEET;
NORTH 74«45'00" WEST 193.00 FEET;
NORTH 89>42'00" WEST 218.00 FEET;
SOUTH 59° 00 '00". WEST 156.00 FEET;
NORTH 75'10'QO" WEST 113.00 FEET;
SOUTH 22° 30 '00" WEST 88.00 FEET;
SOUTH aia 22'00" WEST 57.00 FEET;
SOUTH 61a 54 '00" WEST 195.00 FEET;
NORTH SrOO'OO11 WEST 114.00 FEET;
NORTH 89" 00 "00" WEST 120.00 FEET;
SOUTH Ol'OO'OO" EAST 36.00 FEET;SOUTH erso'oo" WEST 318.00 FEET;
SOUTH 28* 00' 00" EAST 35.00 FEET;
SOUTH 54* 10 '00" WEST 143.00 FEET;
SOUTH 79° 35 '00" WEST 155.00 FEET;
NORTH 54s 10 '00" WEST 370.00 FEET;
NORTH 74*30 '00" WEST 86.00 FEET;
NORTH 3r30'00" WEST 141.00 FEET;
NORTH 11* lO'OO" EAST 110.00 FEET;
.NORTH 20a30'00" WEST 128.00 FEET;
NORTH 85* 00 '00" WEST 71.00 FEET;
SOUTH 25*30'00" WEST 223.00 FEET;
SOUTH 10" 45 '00" EAST 53.00 FEET;
SOUTH 33° 20 "00" WEST 146.00 FEET;
SOUTH 55*30*00" WEST 52.00 FEET;
4-5-68
JN. 5459-022
SOUTH 77*30'00" WEST 358.00 FEET;
SOUTH 55*10'00" WEST 167.00 FEET;
SOUTH 75" 53'00" WEST 42.00 FEET;
NORTH 83*56'00" WEST 117.00 FEET;
NORTH 73950'00" WEST 99.00 FEET;
NORTH 79*50'00" WEST 147.00 FEET;
NORTH 74" 10'00" WEST 190.00 FEET;
NORTH 68'56'02" WEST 346.00 FEET;
NORTH 73s16'26" WEST 174.03 FEET;
NORTH 84*00'00" WEST 124.00 FEET;
SOUTH 78"00'00" WEST 447.00 FEET;
NORTH 83*00'00" WEST 123.73 FEET TO THE BOUNDARY LINE OF SAID RECORD OF
SURVEY MAP;
THENCE ALOKG SAID BOUNDARY LINE, THE FOLLOWING COURSES:
NORTH 32*17'46" WEST 561.66 FEET;
NORTH 69*15'21" WEST 228.23 FEET;
NORTH 00*43 '21" WEST 788.21 FEET;
NORTH 00*30'45" EAST 1357.73 FEET;
SOUTH 89*OS'32" EAST 1358.19 FEET;
NORTH 23*18'51" EAST 156.92 FEET;
SOUTH S3*50'41" EAST 182.99 FEET;
NORTH 63*51'06" EAST 118.55 FEET;
NORTH 46* 13'35" EAST 66.99 FEET;
NORTH 21* 20'05" EAST 79.07 FEET;
NORTH 14* 41'15" WEST 271.95 FEET;
NORTH 26* 25'20" WEST 112.93 FEET;
NORTH 44*H'08" WEST 189.02 FEET;
NORTH 36°54'21" WEST 80.99 FEET;
NORTH 17*22*08" WEST 96.53 FEET;
NORTH Or 57'57" WEST 108.47 FEET;
NORTH 03°51*41" EAST 180.95 FEET;
NORTH 35*35'33" WEST 142.04 FEET;
NORTH 00*34'18" EAST 2716.14 FEET;
SOUTH 86°58'38" EAST 1318.67 FEET;
NORTH 01* 49'19" WEST 331.07 FEET;
SOUTH 86*57'12" EAST 660.57 FEET;
SOUTH 01*36*47" EAST 330.69 FEET;
SOUTH 00*06'50" WEST 1340.75 FEET;
SOUTH 87*30*08" EAST 662.65 FEET;
SOUTH 87*32'14" EAST 662.56 FEET;
NORTH 00*12*09" WEST 1328.52 FEET;
SOUTH 86*58*17" EAST 659.12 FEET;
NORTH 00*41'54" WEST 2434.07 FEET;
SOUTH 89*:3'30" EAST 1370.33 FEET;
SOUTH 00*33'25" WEST 2491.10 FEET;
SOUTH 00*42'22" EAST 2294.99 FEET;
SOUTH 89s19'14" EAST 1334.44 FEET;
SOUTH 00°21'21" EAST 328.99 FEET;
WRH/RWy/DS
4_6_88
JN. 5459-022
SOUTH 89"16"26" EAST 252.98 FEET;
SOUTH 00°43'19" WEST 392.93 FEET;
SOUTH 89'16'42" EAST 299.95 FEET;
SOUTH 25° 48'10" EAST 163.03 FEET;
SOUTH 44°39'44" WEST 109.07 FEET;
SOUTH 40°51'44" WEST 501.68 FEET;
SOUTH 38'15f14" WEST 136.45 FEET;
SOUTH 08a46'19" WEST 168.00 FEET;
SOUTH 24°07'12" WEST 174.68 FEET;
SOUTH 15*13'16" EAST 128.95 FEET;
SOUTH 48°19'47" EAST 507.55 FEET;
SOUTH 24°29'17" EAST 825.89 FEET;
NORTH 88°48'10" WEST 770.87 FEET;
NORTH 00°22'43" WEST 658.36 FEET;
NORTH 88°55'25" WEST 1321.10 FEET;
SOUTH 00"42'22" EAST 655.68 FEET TO THE POINT 0? 2GHINNING.
CONTAINS 1002.206 ACRES MORE OR LESS.
WRH/RWW/DS
4-6-88
JN. 5459-022
AVIARA PLANNING AREA 23
DEED RESTRICTION OPEN SPACE TRADE OFF
VEGETATION CLASSIFICATION AND EVALUATION
REPORT
June 17,1999
Prepared for:
THE BREHM COMPANIES
5770 Oberlin Dr.
San Diego, CA 92121-1723
Prepared by:
PLANNING SYSTEMS
1530 Faraday Avenue, Suite 100
Carlsbad, California, 92008
BACKGROUND
Approvals have been issued and final site design for the construction of single
family homes in Aviara Planning Area 23 is in progress. The development is
located in central Aviara, and is owned by The Brehm Companies (See Vicinity
Map).
The proposed final development envelope would encroach on three small areas
(totaling 0.12 acre), of Deed Restricted Open Space. This deed restriction was
recorded as part of a 248 acre open space program, on April 14,1989. Modifications
to these early-identified deed restricted open spaces have been approved a number
of times over the years. The typical test by the Coastal Commission for approval of
such modifications has been as follows:
• No net reduction in quantity of open space vegetation;
• No net reduction in quality of open space vegetation;
• No significant effect to viability of habitat corridor.
The intent of this report is to analyze how the proposed trade-off meets the above
test.
The developer proposes a trade of 0.12 acre of revegetated coastal sage scrub in
exchange for development rights to the deed restricted 0.12 acre. On June 11,1999 a
site visit was conducted by Greg Evans, Landscape Architect #3900, to assess the
vegetation proposed for "trade-off". Mr. Evans has been involved in biological
assessment for many of the previous deed restriction trade-offs. The four areas
identified as trade-off candidates were assessed to: 1) classify the vegetation
community in those areas, and 2) to evaluate the quality of vegetation found on
both a micro and a macro scale. This report describes the study findings and
conclusions.
Planning Area 22
Planning Area 23
Vicinity Map
Planning Areas 22 and 23 NO SCALE
a •Planning Areas 22 & 23
Aviara Master Plan Phase III
Carlsbad. California 2
NORTH
(\
V
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ANALYSIS
Of the four areas studied, Area 1 is proposed for open space "give-back", (open space
deed restriction), and Areas 2, 3, and 4 are proposed as "take-away", (development
encroachment), (see maps for area locations). Area 1 occurs adjacent to a large tract
of Deed Restricted open space. Areas 2, 3, and 4 are small in size, and occur next to
the proposed development. This proposal provides for an equal exchange in area,
and an improvement in habitat quality of deed restricted open space, as discussed
below.
Community classification
The plant community existing in "give-back" (to be deed restricted), Area 1 is two
year old revegetated Coastal Sage Scrub. This habitat is part of a large slope of
revegetation that is successfully establishing in Aviara Planning Area 22. The plant
community exisiting in "take-away" Areas 2 and 3 is Ruderal / Ornamental
vegetation, weedy growth of poor habitat value. The plant community existing in
"take-away" Area 4 is mature Revegetated Coastal Sage Scrub, installed
approximately 5 years ago. Tables 1, 2, and 4 are partial lists of the species observed
in the area(s) indicated.
TABLE 1 - Area 1, "Give Back" Coastal Sage Scrub Habitat
scientific name common name
Artemisia californica Coastal sagebrush
Baccharis glutinosa Mulefat
Baccharis p. ssp. consanguinea Chaparral broom
Bromus rubens Red brome
Encelia californica California encelia
Eriogonumfasciculatum Buckwheat
Gnaphalium californicum Everlasting
Hemizoniafasciculata Tarweed
Haplopappus venetus Goldenbush
Lotus scoparius Deerweed
Mimulus aurantiacus Monkeyflower
Nassella pulchra Purple needle grass
Quercus agrifolia Coast live oak
Rhamnus californica Coffeeberry
Sysrinchium helium Blue-eyed grass
Legend
Aviara Phase III Boundary
Coastal Deed Restricted Line
O Trade-off Area Number
Proposed "Give-back" Area (1)
5,050 Square Feet
Proposed Encroachment Areas (3)
5,050 Square Feet
PLANNING
AREA
18
PLANNING
AREA
\22
COASTAL
DEED-RESTRICTED
OPEN SPACE
AVIARA
GOLF
COURSE
PLANNING
AREA
23
Proposed "Give-Back," Take-Away" Areas
Deed Restricted Open Space
Aviara Phase III
NORTH
NO SCALE
TABLE 2 - Areas 2 & 3, "Take away" Ruderal / Ornamental Vegetation
scientific name common name
Bromus rubens Red brome
Conyza canadensis Horseweed
Gnaphaliwn luteo-album Cudweed
Lactucasp. Prickly lettuce
Limoniwn perezii Sea lavender
Ricinus communis Castor bean
Salsola tragus Russian thistle
Sonchus vulgaris Sowthistle
TABLE 3 - Area 4, "Take-Away" Coastal Sage Scrub Habitat
scientific name common name
Artemisia californica Coastal sagebrush
Baccharisp. ssp. consanguinea Chaparral broom
Baccharis sarothroides Broom baccharis
Cortaderiajujubata Pampas grass
Encelia californica California encelia
Eriogonumfasciculatum Buckwheat
Galium sp. Bedstraw
Heterotheca grandiflora Telegraph weed
Melilotus indica Sour clover
Mimulus aurantiacus Monkeyflower
Rhus integrifolia Lemonadeberry
Salvia melifera Black sage
Plant Community Quality
A visual assessment of each area was made to provide a mechanism to evaluate the
quality of habitat being proposed for trade. Quality designations are limited to three
categories, good, fair, and poor. Being a visual only assessment, the determination
of health is a function of experience in assessing plant health versus degrees of stress
and poor performance. Specifically, indicators of plant health focused on by the
observer are: percent of invasive species present, quantity of bare ground within a
study area, general plant appearance, percentage of dead material, percentage of
pioneer species versus more mature, established growth. A composite evaluation of
relative health is in this way deduced, and applied to the broad categories good, fair,
and poor.
The results of the vegetation inventory are summarized on the following page:
TABLE 4 - Give-Back Vegetation Summary
area
1
TOTAL
classification
Revegetated Coastal Sage Scrub
condition
-
-
FAIR
5,050 s.f.
.
-
size ($/,) -
5,050
5,050 s.f.
TABLE 5 - Take-Away Vegetation Summary
area
2
3
4
TOTAL
classification
Ruderal / Ornamental
Ruderal / Ornamental
Revegetated Coastal Sage Scrub
condinan
_
.
-
.
-
FAIR
525 s.f
POOR
POOR
-
4,525 s.f.
she fjr/.J
475
4,050
525
5,050 s.f.
Comparative Evaluation of the Proposed Exchange
A comparison of the "take-away" versus "give-back" habitat quality can now be
provided. "Take-Away" Areas 2, 3, & 4 are 90% poor disturbed vegetation, 10% fair
quality native vegetation. These "take-away" areas occur immediately adjacent to
development, and will be subjected fire suppression thinning, and to other
environmental pressures of vegetation adjacent residential development.
In contrast, the "give-back" area supports an establishing native plant community,
Coastal Sage Scrub. Given that the size of the "give-back" and "take-away" areas is
the same, the proposed trade-off is favorable in terms of habitat quality being
exchanged. The area proposed for "give-back" is contiguous to an existing deed
restricted open space parcel, is not within a fire suppression thinning zone, and
offers an increase in the area or width of the wildlife "connectivity corridors" found
desirable by the Coastal Commission and Resource Agencies.
CONCLUSION
The total area involved in the proposed trade-off is approximately 0.12 acre, a small,
relatively insignificant acreage. It is proposed that fair quality Coastal sage scrub
habitat is exchanged for primarily disturbed vegetation. The total effect of this trade
is negligible at best, but as proposed, does represent a present incremental
improvement of Coastal Sage Scrub habitat, and as the give back area matures, a
substantive improvement of habitat within the affected preserve areas.
, COASTAL
DEED RESTRICTED1 AREA
COASTAL DEED RESTRICTION BOUNDARY
"Give-Back" Area 1
Revegetated Coastal Sage Scrub - 5,050 Square Feet
LEGEND
L J LOCATION OF SITE
SCALE: 1" = 40'
Planning Area 22
Aviara Master Plan Phase
Carlsbad, California
NORTH
LINE DA TA
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CITY OF CARLSBAD TRACT NO. 92-3
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
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Coastal Deed Restricted Area Encroachment
Locations Within Aviara Planning Area 23
Carlsbad, California
LEGEND NORTH
LOCATION OF SITE
NO SCALE
Coastal Deed Restricted Area Encroachment
Eastern Encroachments - 4,525 Square Feet
LEGEND
LOCATION OF SITE
SCALE: 1" = 40'
Planning Area 23
Aviara Master Plan Phase
Carlsbad, California
NORTH
Coastal Deed Restricted Area Encroachment
Western Encroachment - 525 Square Feet
LEGEND
'
LOCATION OF SITE
SCALE: 1" = 40'
Planning Area 23
Avlara Master Plan Phase III
Carlsbad, California
NORTH
10